Even if a Juvenile is convicted, the same should be obliterated, so that there is no stigma with regard to any crime committed by such person as a juvenile

Lisa Coutinho | Pravin Gandhi College of Law | 31st March 2020

Union of India & Ors. v. Ramesh Bishnoi Civil Appeal No. 9109 of 2019

Facts of the case:

The respondent was offered an appointment for the post of Sub-Inspector in the Central Industrial Security Force (CISF). He was required to submit a form wherein there was a column relating to whether and FIR had been filed against him in the past. He had mentioned the details for the same and had mentioned that he was acquitted for the same, thus, not concealing any material fact. The Standing Screening Committee held him unsuitable for appointment in CISF on the grounds that a criminal case had been filed against him in the past. Consequently, the National Industrial Security Academy cancelled his appointment. Challenging the order, he filed a writ petition before a single judge in the High Court of Rajasthan at Jodhpur. The High Court ordered the case to be decided afresh in light of the guidelines mentioned by them. After re-examining the case, the Committee again rejected his claim. The Respondent again filed a writ petition before the Divisional bench which again dismissed his petition. Aggrieved, the said orders passed by the single judge and divisional bench, the present appeal has been filed by way of special leave petition before the Supreme Court.

Judgment:

The Supreme Court noted that when the offence was committed by the respondent, he was a minor. The thrust of the legislation i.e. The Juvenile Justice (Care and Protection of Children) Act, 2000 and 2015 is that even if a Juvenile is convicted, the same should be obliterated, so that there is no stigma with regard to any crime committed by such person as a juvenile. Thus, the main objectives of these acts are to reintegrate the juvenile back into the society as a normal person, without any stigma. However, in the present case, the respondent was acquitted of the offence. Moreover, section 3(xiv) of the Juvenile Justice Act, 2015 provides the principle of fresh start.

Further, the Court noted that, the case against the respondent is not with regard to the suppression of any conviction or charges having been framed against him. Respondent had very fairly disclosed the charges which had been framed and his acquittal.

Thus, the appeal was dismissed with a direction that the respondent shall be entitled to all the benefits of the Judgment.